California amusement and theme parks have been popular establishments for many children and families for many years. However, when amusement rides malfunction, they may cause severe or long-term injuries for children and their loved ones. Understanding the dangers of theme parks and the ways to decrease the chance of harm is crucial for the next time you plan your visit.
California’s Safety Laws
California has established safety laws intended to reduce the risk of amusement ride accidents. Oversight is often provided through state agencies that inspect permanent amusement rides and report accidents if needed. Operators are often expected to do the following.
- Perform regular inspections and maintenance
- Keep maintenance and inspection records
- Remove unsafe rides from operation
- Follow manufacturer operating guidelines
- Report qualifying accidents and serious incidents
Since different rides operate under different engineering designs and safety standards, regulatory requirements may change.
Safety Hazards
Water attractions involve hazards beyond traditional mechanical rides. Potential risks can include but are not limited to the following.
- Slip and fall accidents
- Near drowning incidents
- Sudden drops
- Water current hazards
- Poor visibility
- Equipment failures
- Inadequate supervision
Water rides also require attention to water quality, drainage systems, pumps, flotation equipment, and emergency response procedures. In addition, an accident involving a water attraction may involve different legal and factual questions.
Operators and their Role
High-thrill rides often cause significant forces on passengers. Operators must consider the following.
- Structural integrity
- Track maintenance
- Wheel assemblies
- Braking systems
- Restraint mechanisms
- Daily operational testing
- Weather-related safety concerns
Even if a ride functions as designed, improper maintenance or failure to replace worn components may increase the likelihood of mechanical problems. Investigating these cases usually involves reviewing inspection logs, maintenance records, engineering reports, and accident documentation.
Common Safety Concerns
Family attractions and children's rides usually operate at lower speeds, but injuries can still happen. Examples can include:
- Improperly secured restraints
- Entrapment injuries
- Falls during loading or unloading
- Operator distraction
- Mechanical malfunctions
- Pinch-point injuries
Since younger children may not fully understand ride instructions, operators often have additional responsibilities regarding supervision and rider eligibility.
What Causes an Injury at a Theme Park?
While every incident is different, some of the more common causes include:
- Mechanical failures
- Poor maintenance
- Worn ride components
- Operator error
- Inadequate employee training
- Unsafe loading or unloading procedures
- Defective safety restraints
- Electrical failures
- Failure to follow manufacturer recommendations
- Hazardous walking surfaces
- Falling objects
- Inadequate crowd management
Some accidents involve multiple contributing factors rather than a single cause.
Types of Injuries that May Occur
Amusement ride accidents can produce a wide range of injuries, including but not limited to the following.
- Traumatic brain injuries
- Neck injuries
- Spinal cord injuries
- Broken bones
- Shoulder injuries
- Internal injuries
- Soft tissue injuries
- Whiplash
- Lacerations
- Crush injuries
- Drowning-related injuries
- Emotional trauma
Even relatively low-speed incidents can produce significant injuries depending on how the accident occurred.
Who is Responsible?
Determining legal responsibility is often more complicated than simply identifying where the accident occurred. Depending on the circumstances, potentially responsible parties may include but are not limited to:
- Theme park owners
- Ride operators
- Maintenance contractors
- Ride manufacturers
- Component manufacturers
- Property owners
- Third-party inspection companies
- Outside vendors responsible for maintenance or repairs
Every accident requires an evaluation of the specific facts, applicable safety regulations, and available evidence.
Preserving Evidence and Documentation
Evidence often disappears quickly after an amusement park accident. Helpful evidence may include:
- Surveillance video
- Ride maintenance logs
- Inspection records
- Incident reports
- Witness statements
- Ride operator training records
- Manufacturer manuals
- Photographs
- Medical records
It is important to maintain the necessary evidence as soon as possible, as it may later disappear.
Necessary Steps after an Injury Occurs
If you are injured at an amusement park, several practical steps may help protect both your health and your ability to document what happened. Victims should consider the following.
- Seeking medical evaluation as soon as possible
- Reporting the incident to park security
- Requesting a copy of any incident report if available
- Photographing visible injuries and the surrounding area when possible
- Obtaining contact information from witnesses
- Keeping medical bills and treatment records
Considering the necessary steps listed above may help victims better understand their rights and responsibilities for the future.
Seeking the Support of a Legal Professional
Victims should consider seeking legal guidance and support when dealing with injuries from an amusement or theme park. Oftentimes, these types of accidents cause severe or sometimes life-threatening injuries for many victims and their families. A legal attorney can help victims understand their rights and the necessary steps they should take to make a recovery after an injury has occurred.
KAASS LAW Understands and is Ready to Help
A qualified personal injury attorney at KAASS LAW understands the challenges and complications many may face when dealing with an accident from an amusement or theme park. Our legal team may review the facts of your case, help you understand the applicable California laws, and determine potentially liable parties moving forward. This will allow victims to have peace of mind while going through a difficult time after suffering injuries from an amusement or theme park accident. Call KAASS LAW today for a confidential consultation to learn more about your legal options for the future.